Granny Goose Foods, Inc. v. Brotherhood of Teamsters

On May 15, 1970, Granny Goose Foods, Inc. and Sunshine Biscuits, Inc. (employers) (plaintiffs) filed suit in the Superior Court of California for the county of Alameda against the Brotherhood of Teamsters and its officers (union) (defendants). The suit alleged the union members were striking in violation of collective-bargaining agreements. The same day the suit was filed, the superior court issued an ex parte temporary restraining order enjoining all strike activity.. On May 19, 1970, the union removed the case to federal district court, because the action arose under the Labor Management Relations Act. On the same date, the union also filed a motion in the district court to dissolve the temporary restraining order. The district court denied the motion on June 4, 1970. The union resumed strike activities on November 30, 1970 after the employers refused to negotiate a new collective-bargaining agreement. The employers filed a motion in district court to hold the union in contempt for violating the state restraining order. The union countered that the restraining order had expired, and as such their activities were not in violation of the order. The district court rejected that argument, however, ruling that the earlier holding denying the motion to dissolve the order gave the order continuing force and effect, and that 28 U.S.C. § 1450 served to continue the restraining order until it was affirmatively dissolved or modified by the court. The United States Court of Appeals for the Ninth Circuit reversed, holding that the temporary restraining order expired long before November 30, 1970, because under both § 527 of the California Code of Civil Procedure and Federal Rule of Civil Procedure (F.R.C.P.) 65(b), the order expired no later than June 7, 1970, 20 days after it was issued. The United States Supreme Court granted certiorari.